Alameda County Sheriff's Office Gregory J. Ahern, Sheriff

27 Pages·2012·1.38 MB·English

Alameda County Sheriff's Office
Lakeside Plaza, 1401 Lakeside Drive, 12th Floor, Oakland, CA 94612-4305
J.
Gregory Ahern, Sheriff
Coroner - Public Administrator - Marshal

Director of Emergency Services

AGENDA # June 26, 2012
June 5, 2012
Honorable Board of Supervisors
County of Alameda
1221 Oak Street, Suite 536
Oakland, CA 94612-4305
Dear Board Members:
SUBJECT: AWARD A CONTRACT TO BAY AREA CREMAnON & FUNERAL SERVICES, INC.
FOR CREMAnON, INURNMENT AND INTERMENT SERVICES, REQUEST FOR
QUOTAnON NO. 900980; AMOUNT: $150,000
RECOMMENDAnON:
Approve and authorize the Purchasing Agent to execute a contract, attached hereto, for Master Contract
No. 900980, Procurement Contract No. 7566, with Bay Area Cremation & Funeral Services, Inc. (Clint
Love, President), Oakland, CA, to provide cremation, inumment and interment services to the Alameda
County Sheriff's Office Coroner's Bureau (ACSO Coroner's Bureau), at an estimated cost of$150,000.
The term of this contract shall be three years, beginning July 1, 2012 and ending June 30, 2015, and by
mutual agreement, allows for an option to renew for two additional one-year terms.
DISCUSSION/SUMMARY:
ACSO Coroner's Bureau is mandated by law to provide cremation, inumment and interment of indigents,
and unclaimed dead pursuant to Govemment Code Section 27460. The Contractor must be able to provide
mortuary and cemetery services for cremation, inumment and interment ofdecedents including veterans,
indigents and unclaimed dead, as required by Alameda County. ACSO Coroner's Bureau must contract
with a licensed mortuary firm capable of providing these services.
SELECTION CRITERIA/PROCESS:
ACSO Coroner's Bureau has determined that they do not currently have the capability or resources
required to provide services in relation to cremation, inurnment and interment.
ACSO Coroner's Bureau worked with GSA Purchasing to develop and issue a Requestfor Interest (RFI).
The RFI was released on March 9, 2012, to approximately 2,742 subscribers ofGSA Goods and Services­
Current Contract Opportunities mailing services via E-Gov, including certified small, local and emerging
businesses (SLEB).
Honorable Board of Supervisors Page 2 June 5, 2012
The RFI was posted on the GSA Current Contracting Opportunities website for approximately 15 days and
resulted in 0 responses. Subsequently, a Requestfor Quotation (RFQ) was issued on March 23, 2012;
posted on the website for 47 days; sent to 2,743 subscribers to the E-Gov Goods and Services - Current
Contract Opportunities mailing service and advertised in 15 local and ethnic newspapers, and the
Chambers ofCommerce. Two networking/bidders conferences were held and attended by one vendor.
On May 8, 2012, only one response to the RFQ was received. Bay Area Cremation and Funeral Services,
Inc. is a certified SLEB.
The RFQ process requires that the award be given to the lowest priced qualified responsible bidder. Bay
Area Cremation and Funeral Services bid prices are lower compared to the current contract price.
EVALUATION SUMMARY
Vendor Location SLEB Bid Price
Bay Area Cremation and
Oakland, CA Yes $150,000
Funeral Services. Inc.
FUNDING:
Appropriations in the amount of$50,000 for this program are included in the Alameda County Sheriffs
Office FY 2012-13 Approved Budget and will be requested in subsequent budget years. No additional
appropriations are required, and there will be no increase in net County cost.
Respectfully submitted,
?nj~

Gregory J. Ahem Nakao
Sheriff/Coroner Director, General Services Agency
AKN:EB:hh\l\Board LetterslPurchasinglFY2011-12lCremation Inumment & Interment Services Award BL
Attachment
cc: Susan S. Muranishi, County Administrator
Patrick O'Connell, Auditor-Controller
Donna R. Ziegler, County Counsel
ATTACHMENT
CREMATION, INURNMENT AND INTERMENT SERVICES

REQUEST FOR QUOTATION (RFQ) NO. 900980

July 1,2012 - June 30, 2015

Estimated
Dollar Value of Local & SLEB Participation
Vendor Location Contract Award
Percentaf!.e Dollar Amount
Bay Area Cremation & Funeral
Services, Inc. 1853 Embarcadero, Suite
$ 150,000 100% $ 150,000
Certification # 07-91031 2E, Oakland, CA 94606
Valid thru: 05/31/2014
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Master Contract No. 900980, Procurement Contract No. 7566
COUNTY OF ALAMEDA

STANDARD SERVICES AGREEMENT

This Agreement, dated as of , 2012, is by and between the County
ofAlameda, hereinafter referred to as the "County", and Bay Area Cremation & Funeral
Services, Inc., hereinafter referred to as the "Contractor".
WITNESSETH
Whereas, County desires to obtain cremation, inurnment and interment services which
are more fully described in Exhibit A hereto ("Definition of Services"); and
Whereas, Contractor is professionally qualified to provide such services and is willing to
provide same to County; and
Now, therefore it is agreed that County does hereby retain Contractor to provide
Cremation, Inurnment and Interment Services, and Contractor accepts such engagement,
on the General Terms and Conditions hereinafter specified in this Agreement, the
Additional Provisions attached hereto, and the following described exhibits, all ofwhich
are incorporated into this Agreement by this reference:
Exhibit A Definition of Services
Exhibit A-I Specific Requirements
Exhibit B Payment Terms
Exhibit C Insurance Requirements
ExhibitD Debarment and Suspension Certification
The term ofthis Agreement shall be from July 1,2012 through June 30, 2015.
The compensation payable to Contractor hereunder shall not exceed one hundredfifty
thousand dollars ($150,000) for the term ofthis Agreement.
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Master Contract No. 900980, ProcQremeat Contract No. 7566
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as oftbe
day and year fint above written.
COUNTY OF ALAMEDA BAY AREA CREMATION &

FUNERAL SERVICES, INC.

By: --__
Signature
. . ,
~/;"u't-
Lo w
Name:'_..-.lI:I"Xjobn~Q::l:.&l==ann==- _ Name:
(Printed) (Printed) ...
Title:~

Title: __---::-Purc~ha:.==s~jn=g.A.Ag=:ll::en=t:....---
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Datc:, ".,..-------­ Date:
I

By signing above~ signatory wamnts
and represents that he/she executed
this Agreement in hislher authorized
capacity and that by bislher signature
on this Agreement, he/she or the
entity upon behalfofwhich helshe
acted, executed this ent.
A •
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Master Contract No. 900980, Procurement Contract No. 7566
GENERAL TERMS AND CONDITIONS
1. INDEPENDENT CONTRACTOR: No relationship ofemployer and employee is
created by this Agreement; it being understood and agreed that Contractor is an
independent contractor. Contractor is not the agent or employee ofthe County in
any capacity whatsoever, and County shall not be liable for any acts or omissions
by Contractor nor for any obligations or liabilities incurred by Contractor.
Contractor shall have no claim under this Agreement or otherwise, for seniority,
vacation time, vacation pay, sick leave, personal time off, overtime, health
insurance medical care, hospital care, retirement benefits, social security,
disability, Workers' Compensation, or unemployment insurance benefits, civil
service protection, or employee benefits ofany kind.
Contractor shall be solely liable for and obligated to pay directly all applicable
payroll taxes (including federal and state income taxes) or contributions for
unemployment insurance or old age pensions or annuities which are imposed by
any governmental entity in connection with the labor used or which are measured
by wages, salaries or other remuneration paid to its officers, agents or employees
and agrees to indemnify and hold County harmless from any and all liability
which County may incur because of Contractor's failure to pay such amounts.
In carrying out the work contemplated herein, Contractor shall comply with c;UI
applicable federal and state workers' compensation and liability laws and
regulations with respect to the officers, agents and/or employees conducting and
participating in the work; and agrees that such officers, agents, and/or employees
will be considered as independent contractors and shall not be treated or
considered in any way as officers, agents and/or employees of County.
Contractor does, by this Agreement, agree to perfonn hislher said work and
functions at all times in strict accordance with currently approved methods and
practices in his/her field and that the sole interest of County is to insure that said
service shall be performed and rendered in a competent, efficient, timely and
satisfactory manner and in accordance with the standards required by the County
agency concerned.
Notwithstanding the foregoing, ifthe County determines that pursuant to state and
federal law Contractor is an employee for purposes ofincome tax withholding,
County may upon two week's notice to Contractor, withhold from payments to
Contractor hereunder fed~al and state income taxes and pay said sums to the
federal and state governments
2. INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall
hold harmless, defend and indemnify the County ofAlameda, its Board of
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Master Contract No. 900980, Procurement Contract No. 7566
Supervisors, employees and agents from and against any and all claims, losses,
damages, liabilities and expenses, including but not limited to attorneys' fees,
arising out of or resulting from the performance of services under this Agreement,
provided that any such claim, loss, damage, liability or expense is attributable to
bodily injury, sickness, disease, death or to injury to or destruction ofproperty,
including the loss therefrom, or to any violation of federal, state or municipal law
or regulation, which arises out of or is any way connected with the performance of
this agreement (collectively "Liabilities") except where such Liabilities are caused
solely by the negligence or willful misconduct of any indemnitee. The County
may participate in the defense of any such claim without relieving Contractor of
any obligation hereunder...
Inthe event that Contractor or any employee, agent, or subcontractor of Contractor
providing services under this Agreement is determined by a court of competent
jurisdiction or the Alameda County Employees' Retirement Association (ACERA)
or California Public Employees' Retirement System (PERS) to be eligible for
enrollment in ACERA and PERS as an employee of County, Contractor shall
indemnify, defend, and hold harmless County for the payment of any employee
and/or employer contributions for ACERA and PERS benefits on behalf of
Contractor or its employees, agents, or subcontractors, as well as for the payment
of any penalties and interest on such contributions, which would otherwise be the
responsibility of County.
3. INSURANCE AND BOND: Contractor shall at all times during the tenn ofthe
Agreement with the County maintain in force those insurance policies and bonds
as designated in the attached Exhibit C, and will comply with all those
requirements as stated therein.
4. PREVAILING WAGES: Pursuant to Labor Code Sections 1770 et seq., Contractor
shall pay to persons performing labor in and about Work provided for in Contract
not less than the generalprevailing rate ofper diem wages for work ofa similar
character in the locality in which the Work is performed, and not less than the
general prevailing rate ofper diem wages for legal holiday and overtime work in
said locality, which per diem wages shall not be less than the stipulated rates
contained in a schedule thereof which has been ascertained and determined by the
Director ofthe State Department ofIndustrial Relations to be the general prevailing
rate ofper diem wages for each craft or type ofworkman or mechanic needed to
execute this contract.
5. WORKERS' COMPENSATION: Contractor shall provide Workers'
Compensation insurance, as applicable, at Contractor's own cost and expense and
further, neither the Contractor nor its carrier shall be entitled to recover from
County any costs, settlements, or expenses of Workers' Compensation claims
arising out of this Agreement.
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Master Contract No. 900980. Procurement Contract No. 7566
6. CONFORMITY WITH LAW AND SAFETY:
a. In performing services under this Agreement, Contractor shall observe and
comply with all applicable laws, ordinances, codes and regulations of
governmental agencies, including federal, state, municipal, and local
governing bodies, having jurisdiction over the scope of services, including
all applicable provisions ofthe California Occupational Safety and Health
Act. Contractor shall indemnify and hold County hannless from any and all
liability, fines, penalties and consequences from any of Contractor's
failures to comply with such laws, ordinances, codes and regulations.
b. Accidents: Ifa death, serious personal injury or substantial property
damage occurs in connection with Contractor's performance ofthis
Agreement, Contractor shall immediately notify the Alameda County Risk
Manager's Office by telephone. Contractor shall promptly submit to
County a written report, in such form as may be required by County of all
accidents which occur in connection with this Agreement. This report must
include the following information: (1) name and address ofthe injured or
deceased person(s); (2) name and address of Contractor's sub-Contractor, if
any; (3) name and address of Contractor's liability insurance carrier; and (4)
a detailed description ofthe accident and whether any of County's
equipment, tools, material, or staffwere involved.
c. Contractor further agrees to take all reasonable steps to preserve all
physical evidence and information which may be relevant to the
circumstances surrounding a potential claim, while maintaining public
safety, and to grant to the County the opportunity to review and inspect
such evidence, including the scene ofthe accident.
7. DEBAR1vfENT AND SUSPENSION CERTIFICATION: (Applicable to all
agreements funded in part or whole with federal funds and contracts over
$25,000).
a. By signing this agreement and Exhibit D, Debarment and Suspension
Certification. Contractor/Grantee agrees to comply with applicable federal
suspension and debarment regulations, including but not limited to 7 Code
of Federal Regulations (CFR) 3016.35, 28 CFR 66.35,29 CFR 97.35,34
CFR 80.35, 45 CFR 92.35 and Executive Order 12549.
b. By signing this agreement, Contractor certifies to the best of its knowledge
and belief, that it and its principals:
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Master Contract No. 900980, Procurement Contract No. 7566
(I) Are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntary excluded by any federal
department or agency;
(2) Shall not knowingly enter into any covered transaction with a person
who is proposed for debarment under federal regulations, debarred,
suspended, declared ineligible, or voluntarily excluded from
participation in such transaction.
8. PAY1vffiNT: For services performed in accordance with this Agreement, payment
shall be made to Contractor as provided in Exhibit B ~ereto.
9. TRAVEL EXPENSES: Contractor shall not be allowed or paid travel expenses
unless set forth in this Agreement.
10. TAXES: Payment of all applicable federal, state, and local taxes shall be the sole
responsibility ofthe Contractor.
11. OWNERSHIP OF DOCUMENTS: Contractor hereby assigns to the County and
its assignees all copyright and other use rights in any and all proposals, plans,
specification, designs, drawings, sketches, renderings, models, reports and related
documents (including computerized or electronic copies) respecting in any way
the subject matter ofthis Agreement, whether prepared by the County, the
Contractor, the Contractor's sub-Contractors or third parties at the request of the
Contractor (collectively, "Documents and Materials"). This explicitly includes the
electronic copies ofall above stated documentation. .
Contractor also hereby assigns to the County and its assignees all copyright and
other use rights in any Documents and Materials including electronic copies stored
in Contractor's Information System, respecting in any way the subject matter of
this Agreement.
Contractor shall be permitted to retain copies, including reproducible copies and
computerized copies, of said Documents and Materials. Contractor agrees to take
such further steps as may be reasonably requested by County to implement the
aforesaid assignment. If for any reason said assignment is not effective,
Contractor hereby grants the County and any assignee ofthe County an express
royalty - free license to retain and use said Documents and Materials. The
County's rights under this paragraph shall apply regardless ofthe degree of
completion ofthe Documents and Materials and whether or not Contractor's
services as set forth in Exhibit "A" ofthis Agreement have been fully performed
or paid for.
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Master Contract No. 900980, Procurement Contract No. 7566
In Contractor's contracts with other Contractors, Contractor shall expressly
obligate its Sub-Contractors to grant the County the aforesaid assignment and
license rights as to that Contractor's Documents and Materials. Contractor agrees
to defend, indemnify and hold the County harmless from any damage caused by a
failure of the Contractor to obtain such rights from its Contractors and/or Sub­
Contractors.
Contractor shall pay all royalties and license fees which may be due for any
patented or copyrighted materials, methods or systems selected by the Contractor
and incorporated into the work as set forth in Exhibit "A", and shall defend,
indemnify and hold the County harmless from any claims for infringement of
patent or copyright arising 011t ofsuch selection. The County's rights tmder this
Paragraph 11 shall not extend to any computer software used to create such
Documents and Materials.
12. CONFLICT OF INTEREST; CONFIDENTIALITY: The Contractor covenants
that it presently has no interest, and shall not have any interest, direct or indirect,
which would conflict in any manner with the performance ofservices required
under this Agreement. Without limitation, Contractor represents to and agrees
with the County that Contractor has no present, and will have no future, conflict of
interest between providing the County services hereunder and any other person or
entity (including but not limited to any federal or state wildlife, environmental or
regulatory agency) which has any interest adverse or potentially adverse to the
County, as determined inthe reasonablejudgment ofthe Board ofSupervisors of
the County.
The Contractor agrees that any information, whether proprietary or not, made
known to or discovered by it during the performance ofor in connection with this
Agreement for the County will be kept confidential and not be disclosed to any
other person. The Contractor agrees to immediately notify the County by notices
provided in accordance with Paragraph 13 ofthis Agreement, ifit is requestedto
disclose any information made known to or discovered by it during the
performance ofor in connection with this Agreement. These conflict of interest
and future service provisions and limitations shall remain fully effective five (5)
years after termination ofservices to the County hereunder.
13. NOTICES: All notices, requests, demands, or other communications under this
Agreement shall be in writing. Notices shall be given for all purposes as follows:
Personal delivery: When personally delivered to the recipient, notices are
effective on delivery.
First Class Mail: When mailed first class to the last address ofthe recipient
known to the party giving notice, notice is effective three (3) mail delivery days
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